Top 10 National Work Comp Cases of 2017

Each September, blogger Thomas A. Robinson publishes summaries of important recent workers’ compensation decisions from around the nation. Here are what Mr. Robinson thinks are the 10 most important comp decisions in 2017 (so far).

In what is likely the most important workers’ compensation decision during 2017, a split Supreme Court of Pennsylvania, in Protz v. Workers’ Comp. Appeal Bd. (Derry Area Sch. Dist.), 161 A.3d 827 (Pa. 2017), held that the provision of the state’s Workers’ Compensation Act [Section 306(a.2); 77 P.S. § 511.2(1)], requiring physicians to apply the methodology set forth in “the most recent edition” of the American Medical Association Guides to the Evaluation of Permanent Impairment (AMA Guides), violates the state’s constitutional requirement that all legislative power “be vested in a General Assembly” [Pa. Const. art. II, § 1].

The list contains no Texas cases. But we are closely following State Office of Risk Management v. Martinez, a case that will likely be considered one of the more important comp cases to the Texas system. Martinez is set for oral argument October 12, 2017. It is likely to be decided in early 2018. In addition, the Texas air ambulance litigation is proceeding forward in state and federal courts. This high stakes (and high dollar) litigation is also playing out nationally. Some observers predict this may be the next workers’ comp-related issue to reach the United States Supreme Court.